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Participate in the distribution system of civil enforcement proceedings

Author: ChenHuaRong
Tutor: DuanKuang
School: Fudan University
Course: Legal
Keywords: Civil executive Participation distribution the relief of participation distribution Principle of priority Equal principle
CLC: D925.1
Type: Master's thesis
Year: 2009
Downloads: 55
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Abstract


In civil execution,we always come across the situation that multi-debtee apply execution against one debtor.In order to fairly protect the benefits of all debtees,we introduce the system of participation distribution in civil execution.At present,as we still have no legislation in our country of participation distribution system except those principles stipulated in "opinion on application of ’the civil procedure law of people’s republic of China’" and "regulation on execution work of people’s court(trial implementation)" by the Supreme People’s Court,many disputes occur in judicial practice.The participation distribution system in our country still have some problems,such as subjects of participation distribution,time allowed for applying the participation distribution,detailed procedures,absence of remedies,and so on.When the situation occurs that the assets of the party subject to enforcement could not satisfy the financial claims of all debtees,in order to better protect the benefits of other detees,we should further perfect the system of participation distribution in our country.In details,we should establish the relatively reasonable principles of participation distribution system.In this paper,the author started with the introduction of China’s current participation distribution system,pointed out the current shortcomings in the participation distribution system,and thus through the theoretical issues involved in the participation distribution system,as well as the briefs of legislation practice of the participation distribution system around the world,especially the Taiwan region,drew lessons from the advanced legislative experience,summarized a proper type of principles of participation distribution system for China.Through the analysis of the equal distribution principle,the priority distribution principle and current compulsory execution distribution principle in China.From these comparison,this article have explained the necessity and feasibility of establishing preferential distribution principle and general bankrupt doctrine in China.And several advices was suggested to establish priority distribution principle and general bankrupt doctrine mode,structure participation distribution system of relieving of distinct Chinese characteristics,reform and perfect participation distribution system.The author propose the legislators to start from designing the participation distribution system,and then realize the coordination and cooperation with the bankruptcy law.Only in this way,we could solve the problems in current participate distribution system and once and for all and make the fairness and efficiency of the participation distribution system reality.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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